Brawl baker pleads guilty, walks free

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A St Kilda baker who caused life-threatening injuries to a cafe operator after a fight over parking walked free from court yesterday without a conviction.

Daniel Markham, 33, of the Monarch Cake Shop in Acland Street, struck Benedykt Cafe's Chris Holdsworth on the head in July 2002. The County Court heard Mr Holdsworth fell and hit his head on concrete, resulting in injuries that required an 11-day stay in hospital.

The offence occurred after Mr Holdsworth had been in a scuffle with Markham's father, Gideon, following a dispute about a car blocking a shared laneway behind the two stores. The defence said Markham was very protective of his father and reacted when he saw him with glass and blood on his face.

In sentencing, Chief Judge Michael Rozenes said he was satisfied Markham was deeply remorseful, and that "instinct and emotion" were behind the offence. Chief Judge Rozenes said the crime was serious, but courts needed to ensure that an unintended catastrophe did not swamp all other sentencing considerations.

Markham pleaded guilty to recklessly causing serious injury and signed an undertaking to be of good behaviour for three years.